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Sometimes loving a child is not about giving him a house.
Most parents love their children, even if their children are not grown up, they want to get the real estate certificate.
Add a child's name to it, the owners, maybe you also have this in mind, right? Therefore, according to the information, the pros and cons are elaborated.
In fact, it seems that it is not very optimistic, adding the child's name to the real estate certificate can indeed save the trouble and cost of transferring the property in the future, but it may also imply a lot of troubles, let's talk about the troubles:
In fact, it is difficult to remove the name added, according to the law, if there is a child's name on the real estate certificate, the parents cannot transfer or mortgage it at will, and the parents can only dispose of the property in the child's name when it is proved to be for the benefit of the child (such as seeing a doctor or studying abroad). If it is also required in adulthood, with the consent or entrustment of the children. Parents have the right.
If the child's name is added to the real estate certificate, the child will buy a marriage house when he becomes an adult, and the child will probably face the second house policy (the property tax will be paid to buy the second house of the family after marriage, and if the previous house loan has not been paid off, the down payment needs to be based on the standard of the second house, and the loan interest rate.
It may also go up, and the cost of buying a house will increase a lot.
If the couple is divorced and the names of the children are on the title deed, the ownership of the property is often prone to disputes. For example, a husband and wife jointly fund a house, and the property has the names of themselves, their wife and daughter, and they later divorce by agreement.
The husband asked the court to grant him a one-half ownership of the house. After the trial, the court held that the legitimate children, as co-owners of the house, should occupy half of the share of the property. The other half of the property is shared by the husband and wife, and the final judgment is made.
The plaintiff owns a quarter of the property.
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If your daughter buys another in the city where you bought the house, it will be counted as 2 sets.
If the mortgage is not paid off, the down payment and interest rate are increased.
There are also 2 sets of taxes and fees.
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Generally, no. After all, it's normal for a person to have a lot of houses.
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Legal analysis: Yes, it can be signed as the joint property of two people, or the proportion of capital contribution can also be indicated. According to the relevant laws and regulations, the co-owners shall have ownership of the jointly owned immovable or movable property according to their share of the silver amount, and the co-owners shall manage the jointly owned immovable or movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, each co-owner has the right and obligation to manage.
Legal basis: Civil Code of the People's Republic of China
Article 298:Co-owners by share enjoy ownership of the immovable or movable property in common according to their share.
Article 300 The co-owners shall manage the jointly owned Fengbizhi immovable property or Huizheng movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, each co-owner has the right and obligation to manage.
Article 309 Where there is no agreement or the agreement is not clear, the share enjoyed by the co-owners in the immovable or movable property in common shall be determined in accordance with the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.
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Legal analysis: 1. There are the following favorable factors for the birth certificate in the child's name.
First of all, if the parents divorce and want to divide the property, the Hail Spring child certainly has property rights, and whoever has the custody of the child will manage the child's property.
Secondly, even if the parents do not divorce, the following benefits exist:
1. The inheritance tax that may be implemented in the future can be avoided;
2. If you want to transfer the house to your children in the future, you can save a fee and do not need to pay the transfer fee.
Second, there will be some disadvantages in the child's name on the birth certificate.
1. The child's name is written on the property certificate when the house is purchased, and when the child becomes an adult, then the right to dispose of the house is not all in the hands of the parents: the child has the right to choose whether to agree or not according to his share of the property right or as a co-owner, and is also entitled to enjoy the income.
2. After the child becomes an adult, if he buys a house independently, he may pay more deed tax, and after the child gets married, he may pay property tax when he buys a second house in the family.
3. Children have a house too early, and they may forget about their struggles. The practice of Yuanrang Nai shows that whether the birth certificate has the name of the child or not may have a certain impact on the child's growth.
Legal basis: Civil Code of the People's Republic of China
Article 200 11 When a party applies for registration, it shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.
Article 279: Owners must not violate laws, regulations, or management regulations by changing their dwellings into commercial buildings. If the owner changes the residence into a business building, in addition to complying with laws, regulations and management regulations, it shall be unanimously agreed by the interested owners.
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Legal analysis: It is possible to write the names of both sons and daughters.
Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 5 Household registration is based on households. Where the person in charge of the household lives together with the person in charge, it shall be established as a household, and the person in charge shall be the head of the household.
If you live alone, you will be the head of your own household. Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories shall be established in a single household or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
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